Caveats
80F Caveats
A person claiming an estate or interest in the land to which an application under this Part relates, may at any time before the application is granted, lodge a caveat with the Registrar-General forbidding the granting of the application.
A caveat under this section—
shall state the nature of the estate or interest claimed by the person lodging it and shall give an address at which notices and proceedings relating to the caveat may be served;
need not be in any particular form but shall be accepted by the
Registrar‑General if it gives reasonable notice of the claim of the caveator.
If the Registrar-General is satisfied that the caveator is the registered proprietor of the land to which the application relates, or has an estate or interest in that land derived under or through the registered proprietor, he shall refuse the application:
Provided that the Registrar-General shall not refuse an application solely on the ground that a person is entitled to an easement in or over the said land, but if a person is so entitled the Registrar-General may include in any certificate of title issued to the applicant a statement that the land is subject to the easement.
If the Registrar-General is not satisfied that the caveator is the registered proprietor of the land or has an estate or interest therein derived under or through the registered proprietor, he shall give notice to the caveator that the caveator is required to take proceedings in the Court to establish his title to the estate or interest claimed by him, within a time specified in the notice being not less than six months after the giving thereof.
If a caveator who has received such notice from the Registrar-General does not within the time mentioned in the notice bring an action in the Court to obtain a declaration that he is entitled to the estate or interest claimed by him and give written notice thereof to the
Registrar-General, or obtain from the Court an order or injunction restraining the Registrar-General from issuing a certificate to the applicant under this Part, the caveat shall lapse.
A lapsed caveat shall not except with the permission of the Court be renewed by or on behalf of the same person in respect of the same estate or interest.
In any proceedings to establish the title of the caveator the issue for the Court to decide shall be whether the caveator is the registered proprietor of the land or is entitled to an estate or interest derived under or through the registered proprietor.
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